Clause 110, page 68, line 7, leave out 'unless the order has' and insert 'and has not'.

Mr George Foulkes

192

Clause 110, page 68, line 10, at end insert

'(c)

any order which has been made against him in respect of the offence (or any of the offences) concerned under section 249 of the Procedure Act.'.

Mr George Foulkes

193

Clause 110, page 68, line 10, at end insert

'(4A) But in deciding what is just the court must not have regard to an order falling within subsection (4)(c) if a court has made a direction under section 100(6).'.

Mr George Foulkes

194

Clause 111, page 68, line 16, leave out 'or discharge'.

Mr George Foulkes

195

Clause 111, page 68, line 23, leave out 'discharge the confiscation order' and insert 'vary the order by substituting for the amount required to be paid such smaller amount as the court believes is just.'.

Clause 123, page 76, line 19, leave out 'having an interest' and insert 'affected by the order'.

Mr George Foulkes

228

Clause 123, page 76, line 39, leave out subsection (11).

Mr George Foulkes

229

Clause 124, page 77, line 3, leave out 'having an interest' and insert 'affected by the order'.

Mr George Foulkes

230

Clause 125, page 77, line 17, leave out from 'order' to end of line 18.

Mr George Foulkes

231

Clause 127, page 78, line 36, leave out subsections (5) to (7).

Mr George Foulkes

232

Clause 127, page 78, line 36, at end insert

'(5) The court

(a)

may order a person holding an interest in realisable property to which the restraint order applies to make to the administrator such payment as the court specifies in respect of a beneficial interest held by the accused or the recipient of a tainted gift;

(b)

may (on the payment being made) by order transfer, grant or extinguish any interest in the property.

(6) The court must not

(a)

confer the power mentioned in subsection (1) to manage or otherwise deal with the property, or

(b)

exercise the power conferred on it by subsection (5),

unless it gives persons holding interests in the property a reasonable opportunity to make representations to it.

(7) The court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies.

(8) Managing or otherwise dealing with property includes

(a)

selling the property or any part of it or interest in it;

(b)

carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property;

(c)

incurring capital expenditure in respect of the property.

(9) Subsections (1)(b) and (5) do not apply to property for the time being subject to a charge under